Neurodiverse Technologies Terms and Conditions

Plan 1: $499/ month (12 months) – Software license + support (use your own hardware)

Plan 2: $749/ month (12 months) – Complete package with our pre-configured hardware bundle (computer dual screens, Tobli eye tracker, steering wheel, pedals, USB hub, and DisplayPort cable)

1. License Type: Annual SaaS License (Non-exclusive, Non-transferable)
2. Payment Terms: Automatic payments monthly.
3. Refund Policy: All payments are non-refundable. No pro-rata refunds will be issued for partial use or early termination of services.
4. Renewal: Agreement auto-renews for 12 months unless cancelled at least 6 weeks before renewal.
5. Grant of License: NTs grants Customer a limited, non-exclusive, non-transferable, revocable license to use the SANDI software solely for internal educational purposes in a virtual setting.
6. No Guarantee of Outcome: SANDI is a support tool. NTs makes no guarantee that student drivers using SANDI will succeed, improve driving ability, or receive a license.
7. Warranty Disclaimer: The software is provided ‘as is’ without any warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
8. Disclaimer of Liability: NTs disclaims all liability for:

• Any injury, accident, or death involving a student who has used SANDI;
• Any damage to property or third-party harm;
• Actions, omissions, or judgments made by instructors using data from SANDI;
• System failures, software glitches, or data inaccuracies;
• Misinterpretation of performance metrics. SANDI is not a substitute for certified driving education. NTs has no control over or responsibility for how the software is used by end users.

9. Limitation of Liability: NTs’ aggregate liability shall not exceed the license fee paid. NTs is not liable for indirect, incidental, special, or consequential damages under any circumstances. NTs is also not liable for loss of profits, business interruption, loss of goodwill, or data loss.
10. Indemnification: Customer shall indemnify and hold harmless NTs, its officers, employees, and contractors from any and all claims, losses, liabilities, damages, and expenses (including attorneys’ fees) arising out of or related to Customer’s or users’ use of the SANDI software.
11. Intellectual Property: SANDI, including all code, visuals, databases, and algorithms, is solely owned by NTs. No ownership rights are granted.
12. Confidentiality: Customer shall not disclose or replicate NTs’ proprietary systems, documentation, source code, or internal methods.
13. Governing Law: This Agreement shall be governed by the laws of the State of Tennessee, without regard to conflict of laws. Venue shall lie in the appropriate courts in Davidson County, Tennessee.
14. Arbitration Clause: All disputes shall be resolved through binding arbitration in Nashville, Tennessee, under AAA rules. The arbitrator’s award shall be final and binding.
15. Termination: NTs may terminate this Agreement for breach or misuse. Upon termination, all access is revoked. Customers are responsible for fees through the end of the current billing period, even if service is terminated early. No refunds shall be issued.
16. Acceptable Use: Customer agrees not to:

• Share unauthorized access;
• Modify, reverse engineer, or decompile SANDI;
• Create competing or derivative works;
• Bypass security measures or license controls.

17. Enhanced Usage Restrictions: Customer shall not and shall not permit any third party to use the software in any closed-loop or autonomous system that affects human health or safety without human oversight; or allow unauthorized third parties to access the software. Use of the software is limited strictly to the customer’s authorized personnel for educational and training purposes.
18. Customer Data: Customer retains rights to its input data. NTs may use anonymized and aggregated data for research, development, and product improvement.
19. Data Security: NTs applies industry-standard safeguards but does not guarantee compliance with regulatory frameworks such as HIPAA, FERPA, or GDPR unless separately agreed in writing. NTs shall maintain reasonable administrative, technical, and physical safeguards to protect customer data from unauthorized access or disclosure.
20. Service Availability: NTs will make commercially reasonable efforts to maintain 95.5% availability, excluding planned maintenance, force majeure, and outages beyond its control.
21. Force Majeure: NTs is not liable for failure or delay in performance due to events beyond reasonable control, including but not limited to acts of God, war, cyberattacks, regulatory changes, or system failures.
22. Entire Agreement: This Agreement supersedes all prior negotiations. No modification shall be valid unless in a signed writing by both parties.
23. Severability: If any provision is deemed unlawful or unenforceable, the remaining terms shall remain in effect.
24. Waiver: No waiver of rights shall be implied by failure to enforce any provision.
25. Compliance with Laws: Customer represents and warrants that its use of SANDI will comply with all applicable local, state, and federal laws and regulations.
26. Publicity / Use of Name: NTs may use Customer’s name and logo in marketing materials, case studies, and customer lists unless Customer requests otherwise in writing.
27. Explicit Limitation on Medical or Clinical Use: SANDI is not a medical device and shall not be used for diagnosis, therapy, or clinical decision-making.